Losing a loved one is an unimaginable and tragic experience, and when that loss is due to someone else’s negligence or intentional actions, the pain is often magnified by feelings of injustice. In Ohio, the law provides families the right to seek justice through wrongful death claims, helping them hold responsible parties accountable. While the emotional journey is challenging, having access to accurate information and legal guidance can empower families to make informed decisions and work toward healing.

Wrongful death claims in Ohio are complex, and the legal process can be overwhelming, especially when dealing with grief. Many families are uncertain about where to start, the legal requirements involved, and the protections available to them. Understanding Ohio’s wrongful death laws, the types of damages available, and the critical filing deadlines can greatly impact the success of a claim. Although financial compensation can never replace a loved one, a wrongful death lawsuit seeks to secure financial recovery from those whose negligence caused the death, offering some relief for the emotional and financial burdens faced by the family. An experienced Ohio wrongful death attorney can be an invaluable advocate in seeking justice and fair compensation.

At Brandon J. Broderick, Attorney at Law, we treat each case with compassion and diligence. Our Ohio law firm is committed to building strong cases and aggressively pursuing claims to obtain the compensation your family deserves. As a highly respected personal injury law firm, we have built our reputation on compassionate client care and a transparent, honest approach. Our team is dedicated to securing the best possible outcome, allowing you to focus on family and healing. We are available for a free consultation anytime to answer any questions and provide the support you need during this difficult time.

Ohio Wrongful Death Attorneys at Brandon J. Broderick Are Available to Support You Day or Night

When a loved one is lost in an accident or incident that should have been prevented, the surviving family members often face overwhelming emotions and a deep sense of loss. At Brandon J. Broderick, Attorney at Law, we prioritize compassionate client care, consistent communication, and unwavering support in every wrongful death case. Our team is here to be your reliable advocate, guiding you step by step through this challenging process with empathy and understanding.

Skilled Representation with Decades of Experience

With decades of experience, the dedicated attorneys at Brandon J. Broderick, Attorney at Law, are committed to building the strongest case possible on your behalf. We carefully gather evidence, interview witnesses, and work with experts to establish the other party’s negligence. By handling complex negotiations with the responsible parties and insurance companies, we strive to alleviate your burden so you can focus on healing and remembering your loved one. If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to court and fight for justice.

Securing the Compensation You Deserve

If your loved one’s death was the result of someone else’s negligence, you have the right to pursue compensation. Beyond the grief, you may be facing substantial financial challenges as your expenses and losses mount. Our dedicated wrongful death attorneys will work tirelessly to secure the compensation you need, ensuring you receive the financial support necessary to navigate this difficult time.

No-Cost, Confidential Consultations Available

We offer free, confidential consultations to help you better understand your legal options and assess your unique situation. Should you choose to work with us, we operate on a contingency basis, meaning there are no upfront costs, and we only get paid if we secure a settlement on your behalf. Many clients feel a sense of reassurance and relief after making that first call to us. Let us guide you through this difficult journey with the care, expertise, and dedication you deserve.

What is Considered a Wrongful Death in Ohio?

In Ohio, a wrongful death occurs when an individual loses their life due to the negligence, recklessness, or intentional actions of another party. Recognizing what qualifies as wrongful death is vital for families seeking justice and compensation after the loss of a loved one. Ohio Revised Code Section 2125.01 governs the qualifications and legal procedures for wrongful death claims in the state.

According to Ohio law, a wrongful death claim can be filed in cases where the deceased would have been eligible to pursue a personal injury lawsuit had they survived. Unlike criminal cases, which may result in fines or imprisonment for the accused, a wrongful death claim is a civil matter focused on obtaining financial compensation for the deceased’s family or estate. The aim of a wrongful death lawsuit is to hold the responsible party financially accountable to ease the burden on the surviving family rather than to impose criminal penalties.

Key Qualifying Circumstances

  • Negligence: This is the most frequent basis for wrongful death claims in Ohio. Negligence occurs when an individual or entity fails to exercise a reasonable level of care, resulting in another person’s death. Common examples include fatal car accidents due to reckless driving or medical malpractice by healthcare providers.
  • Reckless or Intentional Misconduct: Wrongful death claims may also apply if the defendant’s actions were intentional or displayed a reckless disregard for safety. Situations involving intoxicated driving or physical assault leading to death would qualify under this standard.
  • Product Liability: If a defective or dangerous product causes a fatality, the manufacturer, designer, or distributor may be held liable for wrongful death. Examples include defective vehicle parts or unsafe household products leading to fatal accidents.

Common Situations in Ohio Wrongful Death Claims

Wrongful death claims in Ohio typically arise in scenarios such as:

  • Car Accidents
  • Medical Malpractice
  • Slip and Fall Accidents
  • Motorcycle Accidents
  • Workplace Accidents (if gross negligence or third-party involvement is a factor)
  • Pedestrian and Bicycle Accidents
  • Construction Accidents
  • Truck Accidents

Specific Exclusions

Certain situations may not be eligible for wrongful death claims in Ohio:

  • Workers’ Compensation Exclusivity: In many workplace accident cases, workers' compensation may be the sole remedy unless gross negligence or third-party liability is involved.
  • Government Immunities: Some claims against government agencies or public entities may be limited due to statutory immunities, though exceptions may exist.

If you have further questions about wrongful death claims in Ohio, the attorneys at Brandon J. Broderick, Attorney at Law, are here to assist you. Contact us any time to discuss your case and get the guidance you need.

Filing a wrongful death lawsuit in Ohio involves specific eligibility requirements that determine who can legally initiate such a claim. Ohio law is clear about the authorized party who can bring forth a wrongful death suit, as well as the beneficiaries entitled to any compensation awarded. Here’s a breakdown of who can file a wrongful death lawsuit in Ohio:

Eligible Party for Filing

  1. Personal Representative of the Estate: Under Ohio law (Ohio Revised Code Section 2125.02), only the personal representative of the deceased's estate is authorized to file a wrongful death lawsuit. This individual, sometimes referred to as the executor or administrator, is responsible for managing the deceased person’s estate and pursuing legal actions on behalf of the beneficiaries. If the deceased left a will, the personal representative is typically named within it. In cases where no will exists, the probate court will appoint a personal representative.

Beneficiaries Eligible to Receive Compensation

While the personal representative files the lawsuit, the following individuals are usually the primary beneficiaries:

  • Spouse and Children: The surviving spouse and children (including biological and legally adopted children) are considered primary beneficiaries and are often presumed to have suffered damages from the loss of their loved one.
  • Parents: If the deceased did not have a surviving spouse or children, the deceased’s parents may be entitled to receive compensation from the wrongful death claim.

The court generally assumes that these individuals have been affected by the wrongful death, allowing them to recover damages for both economic and non-economic losses.

Specific Scenarios and Considerations

  • Spouses: In Ohio, a surviving spouse can be a primary beneficiary, even if legally separated at the time of the deceased’s passing, unless a divorce has been finalized.
  • Children: Ohio law recognizes biological and legally adopted children in wrongful death claims. Stepchildren, however, are not typically considered beneficiaries unless they were legally adopted by the deceased.
  • Parents: If the deceased was unmarried and without children, the deceased’s parents may be eligible to receive compensation. If one parent is deceased, the other parent may still be eligible to recover damages.

Legal Representation and Family Involvement

While the personal representative is responsible for filing the lawsuit, it is essential for close family members to collaborate with a wrongful death attorney to ensure their interests are effectively represented. An experienced wrongful death lawyer can assist with gathering necessary evidence, handling court procedures, and advocating for the family’s rights to secure fair compensation.

If you have lost a loved one due to negligence or wrongful actions in Ohio, understanding who can file a wrongful death lawsuit is essential for initiating the process. At Brandon J. Broderick, Attorney at Law, our compassionate and knowledgeable legal team can guide you through each step, ensuring your family’s rights are protected. Contact us for a free consultation to discuss your options and start the journey toward seeking justice.

Wrongful Death Claims vs. Survival Actions in Ohio: What’s the Difference?

In Ohio, wrongful death claims and survival actions are legal avenues available to the families of deceased individuals to seek compensation for losses resulting from another party’s negligence or wrongful conduct. Although they sometimes overlap, these two types of claims serve distinct purposes and address different aspects of the loss.

Wrongful Death Claim

The primary aim of this claim is to compensate the family for the losses they have experienced due to the untimely death of their loved one.

Compensatory Aspects:

  1. Economic Damages: These include medical expenses incurred before death, funeral and burial costs, loss of financial support the deceased would have provided, and loss of future earnings.
  2. Non-Economic Damages: Compensation for the emotional pain and suffering experienced by the family, loss of companionship and guidance, and the overall impact on the family’s well-being.
  3. Loss of Consortium: Compensation for the spouse, children, or parents who have lost the companionship and guidance of the deceased family member.

Survival Action

A survival action is designed to seek compensation for the damages the deceased could have claimed if they had lived. This claim focuses on the suffering and losses experienced by the deceased from the time of the injury up until their death.

Compensatory Aspects:

  1. Pre-Death Pain and Suffering: Compensation for the pain and suffering experienced by the deceased between the injury and their passing.
  2. Medical Expenses: Costs for medical treatment received by the deceased before their death.
  3. Lost Wages: Lost income from the time of injury until death, including loss of earning capacity during that period.

Key Differences

  1. Beneficiaries:
    • Wrongful Death Claim: Compensation goes directly to the surviving family members, such as the spouse, children, and parents, to cover their losses.
    • Survival Action: Compensation is awarded to the deceased’s estate and is distributed according to the will or Ohio’s intestacy laws if there is no will.
  2. Types of Damages:
    • Wrongful Death Claim: Primarily focuses on compensating the family for their economic and non-economic losses due to the death.
    • Survival Action: Primarily compensates the estate for the damages the deceased could have claimed, such as pain and suffering and lost wages.
  3. Legal Basis:
    • Wrongful Death Claim: Based on the impact of the death on the surviving family members.
    • Survival Action: Based on the impact of the injury on the deceased before their death.

Importance of Pursuing Both Claims

In Ohio, wrongful death claims and survival actions are critical legal tools for securing justice and compensation following a wrongful death. While Ohio wrongful death claims focus on the losses experienced by the surviving family, survival actions address the suffering and expenses of the deceased person themselves. Understanding these differences is essential to ensuring all possible compensation avenues are explored and the rights of the deceased and their family are fully protected.

Ohio Wrongful Death Lawsuit Deadlines: Understanding the Statute of Limitations

Understanding Ohio’s statute of limitations for wrongful death claims is important for families seeking justice after the loss of a loved one. The statute of limitations is the timeframe within which a lawsuit must be filed, and failing to meet this deadline can prevent a family from pursuing compensation.

Ohio Statute of Limitations

In Ohio, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means that the personal representative or estate executor must initiate the wrongful death lawsuit within this two-year period. If the claim is not filed within this timeframe, the court may dismiss the case, forfeiting the family’s right to seek damages.

Discovery Rule Exception

In some cases, Ohio law allows for an extension of the statute of limitations under the "discovery rule." For example, if the cause of death was not immediately clear—such as in cases of medical malpractice or toxic exposure—the two-year period may begin from the date when the cause of death was discovered or should have reasonably been discovered. This rule is less commonly applied in Ohio but can provide additional time to file under certain circumstances.

Consequences of Missing the Deadline

Failing to file a wrongful death claim within the two-year statute of limitations can result in dismissal of the case, barring the family from obtaining any compensation for their loss. Because missing this deadline can end a family’s pursuit of justice, it is essential to act promptly.

The Importance of Consulting with an Attorney

Given the strict timeline and the complexities of wrongful death cases, consulting with an experienced Ohio wrongful death attorney as soon as possible can be invaluable. An attorney can ensure that the claim is filed within the appropriate period, help gather essential evidence, and guide the family through the legal process.

The statute of limitations in Ohio for wrongful death claims is an essential consideration for preserving the family’s right to seek justice and compensation. With a standard two-year period and potential extensions in rare cases, adhering to these timeframes is critical to protecting the rights of the deceased’s loved ones.

Damages You Can Recover in an Ohio Wrongful Death Lawsuit

When pursuing a wrongful death lawsuit in Ohio, it is essential to understand the types of damages available to the surviving family members. These damages are designed to provide financial relief and compensate the family for both economic and non-economic losses resulting from the death of their loved one. In Ohio, the legal framework for wrongful death damages is outlined in Ohio Revised Code § 2125.02.

Compensatory Damages

Compensatory damages in Ohio are divided into two main categories: economic and non-economic damages.

1. Economic Damages

Economic damages cover the financial impact of the wrongful death on the family and estate. They include:

  • Medical Expenses: Costs incurred for the medical treatment and care provided to the deceased prior to death.
  • Funeral and Burial Expenses: Expenses associated with the deceased’s funeral and burial services.
  • Lost Wages and Benefits: Compensation for the income and benefits the deceased would have contributed to the family.
  • Loss of Future Earnings: Calculated income that the deceased would have earned over their remaining working years, which would have supported the family.

2. Non-Economic Damages

Non-economic damages address the emotional and relational loss experienced by the surviving family members. In Ohio, these can include:

  • Loss of Companionship and Society: Compensation for the loss of companionship, love, and emotional support provided by the deceased.
  • Loss of Guidance: Damages related to the loss of parental guidance, instruction, and education for surviving children.
  • Mental Anguish: Compensation for the mental and emotional suffering experienced by the surviving family members due to the unexpected death of their loved one.

Punitive Damages

In Ohio, punitive damages may be awarded in wrongful death cases involving particularly reckless, malicious, or intentional behavior by the defendant. Unlike compensatory damages, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. While punitive damages are not common in wrongful death claims, they may apply in cases of egregious conduct.

Factors Influencing the Amount of Damages

The amount of compensation awarded in a wrongful death lawsuit in Ohio can depend on several factors, including:

  • The Decedent’s Age and Health: Younger and healthier individuals may result in higher compensatory damages due to their longer expected duration of income and support.
  • The Decedent’s Income and Potential Future Earnings: A higher income may lead to larger economic damages, as it represents a more substantial financial loss for the family.
  • The Relationship to the Decedent: Surviving family members, such as spouses and children, may receive higher non-economic damages to reflect the deep personal loss.

Experienced Representation for Ohio Wrongful Death Claims

Navigating a wrongful death lawsuit and calculating potential damages can be challenging, and working with an experienced wrongful death attorney in Ohio is key to ensuring fair compensation. A skilled attorney can help gather evidence, build a strong case, and protect the rights of the family throughout the legal process.

In Ohio, wrongful death damages cover both the financial and emotional losses suffered by the family, along with potential punitive damages in cases of severe misconduct. Understanding these categories, and working with an attorney can help families obtain the justice and financial support they need following their loss.

Proving Negligence in Ohio Wrongful Death Cases: A Step-by-Step Guide

In Ohio, proving negligence is essential to obtaining justice for the deceased and securing compensation for the family in a wrongful death case. Demonstrating negligence requires establishing specific legal elements to hold the responsible party accountable.

Elements of Negligence

To prove negligence in an Ohio wrongful death case, the plaintiff must establish the following key elements:

  1. Duty of Care: The first step is to demonstrate that the defendant owed a duty of care to the deceased. This means proving that the defendant had a legal obligation to act responsibly to prevent harm. For instance, drivers have a duty to operate vehicles safely, and property owners have a duty to keep premises free from hazards.
  2. Breach of Duty: The plaintiff must show that the defendant breached this duty of care. A breach occurs when the defendant’s actions fall short of what a reasonable person would have done in similar circumstances. This may include negligence, such as failing to repair a hazardous condition, or direct wrongdoing, like driving under the influence.
  3. Causation: It is important to establish a direct link between the defendant’s breach of duty and the deceased’s death. This includes providing both:
    • Actual Cause: Showing that the death would not have occurred but for the defendant’s actions.
    • Proximate Cause: Demonstrating that the death was a foreseeable consequence of the defendant’s actions.
  4. Damages: The plaintiff must prove that the wrongful death resulted in specific damages. This includes financial losses like medical bills and funeral expenses, as well as non-economic damages like emotional pain, loss of companionship, and future financial support.

Gathering Evidence

Proving negligence requires gathering substantial evidence to build a strong case. Key evidence in Ohio wrongful death cases may include:

  • Medical Records: These documents can help establish the cause of death and demonstrate a breach of duty, especially in cases of medical malpractice.
  • Accident Reports: Police and accident reports provide key details and often identify fault in cases involving vehicular accidents.
  • Witness Testimonies: Statements from witnesses who observed the incident or the defendant’s actions can help substantiate claims of negligence.
  • Expert Testimonies: Expert witnesses, such as medical professionals or accident reconstruction specialists, can provide insights into how the defendant’s actions deviated from the accepted standard of care.

Legal Standards and Burden of Proof

In Ohio, the burden of proof in a wrongful death case falls on the plaintiff, who must demonstrate negligence by a preponderance of the evidence. This means the evidence must show that it is more likely than not that the defendant’s actions led to the wrongful death.

Role of a Wrongful Death Attorney

Navigating a wrongful death case and proving negligence can be extremely complex, and working with a skilled wrongful death attorney in Ohio can be invaluable. An attorney can assist in gathering evidence, coordinating with experts, managing legal procedures, and building a compelling case to demonstrate the defendant’s liability in the wrongful death.

Can Family Members Directly File a Wrongful Death Claim in Ohio?

In Ohio, specific legal procedures determine who has the right to file a wrongful death lawsuit on behalf of a deceased individual. Understanding these procedures is essential for families seeking justice for their loss.

Legal Designation of the Claimant

  1. Personal Representative: Under Ohio law, a wrongful death lawsuit can only be filed by the personal representative of the deceased’s estate. This representative may be named in the deceased’s will or appointed by the court if no will exists. The personal representative acts on behalf of the estate and the surviving family members, ensuring that the wrongful death claim is properly managed.
  2. Role of Family Members: Although family members, such as the deceased's spouse, children, or parents, are often the primary beneficiaries of any awarded damages, they cannot directly file a wrongful death lawsuit in Ohio. They must instead rely on the personal representative to bring the claim forward. This approach centralizes the legal process through an appointed representative, who can act on behalf of all beneficiaries.

Involvement of Family Members

While family members cannot directly file the lawsuit, their involvement is critical in supporting the claim. They play an essential role by:

  • Providing Evidence: Family members may contribute important information and evidence regarding the circumstances leading to the wrongful death, such as medical records, witness statements, and personal accounts that highlight the emotional and financial impact of the loss.
  • Supporting the Personal Representative: Family members often work closely with the personal representative to ensure all relevant information is provided and that their interests are represented throughout the legal process.

Legal Representation

Family members are encouraged to seek legal counsel to understand their rights and the process of a wrongful death claim. A skilled wrongful death attorney can help navigate the legal complexities, assisting the personal representative in fulfilling their duties and ensuring the family’s interests are fully protected.

Ohio Workplace Accidents and Wrongful Death Claims: What You Need to Know

In Ohio, the ability to file a wrongful death claim for a workplace accident primarily depends on the state’s workers' compensation laws and the circumstances surrounding the accident. Here’s what families in Ohio need to know when considering a wrongful death claim related to a workplace incident.

Workers' Compensation vs. Wrongful Death Claims

Workers' Compensation:

  • Primary Remedy: In Ohio, workers' compensation typically provides the primary source of financial relief for workplace injuries and fatalities. This system allows the deceased worker’s family to receive benefits for medical expenses, funeral costs, and a portion of lost wages without the need to prove employer negligence.
  • No-Fault System: Workers' compensation operates on a no-fault basis, which means the family can receive benefits regardless of who was at fault for the accident. However, these benefits often come with certain limitations in terms of overall compensation and do not cover non-economic damages, such as pain and suffering.

Wrongful Death Claims:

  • Third-Party Liability: In situations where a third party, other than the employer, is responsible for the fatal accident, Ohio law may allow for a wrongful death claim. For instance, if a piece of defective machinery led to the fatal injury, the manufacturer or distributor could be held liable through a wrongful death claim.
  • Intentional or Egregious Negligence by Employer: Ohio’s workers’ compensation system generally provides employers with immunity from wrongful death lawsuits filed by employees' families. However, in rare cases, if the employer’s actions were found to be intentional or egregiously negligent, it might open the door for a wrongful death lawsuit outside of workers' compensation. These cases require substantial evidence of extreme misconduct or intent.

Circumstances Allowing Wrongful Death Claims in Workplace Accidents in Ohio

  1. Defective Products: If a death is caused by defective equipment or machinery, Ohio law allows families to pursue a wrongful death claim against the product’s manufacturer or distributor.
  2. Third-Party Negligence: When a third-party contractor, vendor, or other non-employer entity’s negligence contributes to a fatal workplace accident, the family may be able to pursue a wrongful death claim against that party.
  3. Intentional Harm or Gross Negligence by Employer: While rare, Ohio law provides an exception that allows families to file a wrongful death claim against an employer if there is clear evidence of the employer's intentional harm or extreme negligence. However, proving this level of misconduct requires thorough evidence and legal expertise.

Navigating the complexities of wrongful death claims in workplace settings requires an understanding of both Ohio’s workers' compensation and wrongful death laws. Consulting with an experienced wrongful death attorney who is knowledgeable in Ohio workplace accident cases can provide guidance on potential avenues for compensation and justice for the family.

What to Do After Deciding to File a Wrongful Death Lawsuit in Ohio

After deciding to pursue a wrongful death lawsuit, your first and most critical step is to consult with an experienced Ohio wrongful death attorney. Most attorneys offer a free initial consultation, during which you can discuss the details of your case, learn about your legal rights, and assess the attorney’s experience in handling similar cases. This meeting will allow the attorney to outline the legal process, explain what to expect, and guide you in gathering essential evidence to support your claim.

Steps to Take After Deciding to File a Wrongful Death Lawsuit in Ohio

  1. Gather Relevant Documentation: Begin collecting all pertinent records, such as medical reports, accident or police reports, employment records, and any evidence of the deceased’s suffering prior to passing. These documents are vital for establishing the basis of your claim and supporting your request for compensation.
  2. File Within Ohio’s Statute of Limitations: Ohio law requires wrongful death claims to be filed within two years from the date of death. Missing this deadline can prevent you from pursuing compensation, so it’s essential to file promptly. Your attorney will manage the filing process to ensure compliance with Ohio's timeline and legal requirements.
  3. Stay Connected with Your Attorney: Keep open and regular communication with your attorney, responding to requests for additional information and attending all necessary meetings, depositions, or court hearings. This active involvement will help keep your case on track and ensure your attorney has the information needed to build a solid case.
  4. Avoid Public Discussion of the Case: Be cautious about discussing the case or posting about it on social media. Details shared publicly can potentially be used against you, so consult your attorney about what can be safely shared.

Taking these steps with the help of an experienced wrongful death attorney in Ohio can help you navigate the legal process effectively, giving you the best possible chance to secure compensation for your family’s loss.

How Long Does a Wrongful Death Lawsuit Take in Ohio? Expected Timeline

The timeline for resolving a wrongful death lawsuit in Ohio can vary considerably, influenced by several factors. Understanding the typical steps and variables that impact the process can help families manage their expectations and prepare for what’s ahead.

Typical Timeline in Ohio

  1. Initial Investigation and Filing
    • Consultation and Evidence Gathering: After consulting with an experienced wrongful death attorney, the initial phase involves investigating the case and gathering necessary evidence. This step can range from several weeks to a few months, depending on case complexity and evidence availability.
    • Filing the Lawsuit: Once sufficient information is gathered, the attorney will draft and file the wrongful death lawsuit in the appropriate Ohio court, typically taking a few weeks.
  2. Pre-Trial Phase
    • Discovery Process: Both parties exchange information, conduct depositions, and share documentation in a process known as discovery. This phase can extend from a few months to over a year, depending on the complexity of the case and the degree of cooperation between parties.
    • Motions and Hearings: During discovery, pre-trial motions and hearings may address procedural or substantive issues, potentially extending the timeline.
  3. Settlement Negotiations
    • Mediation and Negotiations: A majority of wrongful death cases in Ohio are settled out of court through negotiations or mediation. This process may last a few weeks to several months, depending on how quickly the parties reach an agreement.
  4. Trial Phase
    • Court Scheduling: If settlement negotiations fail, the case may proceed to trial. The scheduling of a trial depends on the court’s calendar, which can add several months to the timeline.
    • Trial Duration: The length of the trial itself varies, typically lasting anywhere from a few days to several weeks, based on case complexity and the volume of evidence and testimony.
  5. Post-Trial Phase
    • Verdict and Appeals: After the trial concludes, either party may file post-trial motions or appeal the verdict, potentially extending the process by several months or even years.

Factors Influencing the Timeline

  • Case Complexity: More intricate cases with multiple parties or extensive evidence often take longer to resolve.
  • Cooperation Between Parties: The degree of cooperation in the discovery and negotiation phases can either expedite or prolong the case.
  • Court Scheduling and Backlogs: The availability of Ohio’s court system plays a significant role in determining how quickly the case advances.
  • Settlement vs. Trial: Cases that settle outside of court resolve much faster than those requiring a full trial and appeals.

In Ohio, wrongful death lawsuits can take anywhere from several months to several years to resolve, depending on these various factors. Working closely with a skilled wrongful death attorney can provide a clearer timeline and ensure that all necessary steps are taken to secure the best possible outcome for the family.

Understanding the Costs of Hiring a Wrongful Death Attorney in Ohio

In Ohio, most wrongful death attorneys operate on a contingency fee basis, meaning they only receive payment if they successfully recover compensation for their clients. This fee arrangement provides financial relief for families pursuing a wrongful death case, as they do not face upfront costs or hourly fees.

No Upfront Costs: With a contingency fee structure, families can pursue justice without the initial financial burden. If the attorney wins the case, they receive a percentage of the settlement or court-awarded damages. If the case is unsuccessful, the client generally owes no attorney fees.

Free Initial Consultation: Most wrongful death attorneys in Ohio offer a free initial consultation. This meeting allows potential clients to review their case, understand the attorney's fee structure, and decide if they feel comfortable with the attorney’s approach before agreeing to representation. During this consultation, it is advisable to discuss the contingency fee percentage and any potential costs for litigation, ensuring you fully understand the financial arrangement before proceeding.

Brandon J. Broderick, Attorney at Law, By Your Side

Losing a loved one due to a wrongful death incident is a profound tragedy, and we understand the immense pain and grief that accompanies such a loss. The team at Brandon J. Broderick, Attorney at Law, recognizes the emotional and financial toll this can take on you and your family. Our compassionate team is here to provide unwavering support, dedicated advocacy, and expert legal guidance throughout this challenging time. Our commitment is to help you secure the compensation you deserve to alleviate the financial burdens caused by your loss and to see that justice is served.

Contact us today for a free consultation, and let us guide you on the path toward justice and peace for you and your family.

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